Who owns the Copyrighted Materials and Confidential Information for a Baymont Inn Suites franchise?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
perform under your Franchise Agreement. We will respond to any inquiry from you about continued protection of Confidential Information.
All Copyrighted Materials and Confidential Information are owned exclusively by us. Your right to use Copyrighted Materials and Confidential Information is derived solely from the Franchise Agreement and is limited to the conduct of the business under and in compliance with the Franchise Agreement and all applicable specifications, standards, and operating procedures we prescribe during the term of the Franchise Agreement. Any unauthorized use of our Copyrighted Materials or any unauthorized use or disclosure of Confidential Information will constitute an infringement of our rights in and to the Copyrighted Materials and Confidential Information.
There is currently no litigation pending involving the Copyrighted Materials or Confidential Information. We do not know of any effective material determinations of the U.S. Copyright Office or any court regarding any of the Copyrighted Materials or Confidential Information. There are no agreements in effect that significantly limit our right to use or license the Copyrighted Materials or Confidential Information.
You must notify us promptly of (i) any adverse or infringing uses of the Copyrighted Materials, Confidential Information or other System intellectual property, or (ii) any threatened or pending litigation related to the System against (or naming as a party) you or us of which you become aware.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 78–79)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the franchisor exclusively owns all Copyrighted Materials and Confidential Information. A franchisee's right to utilize these materials is strictly derived from the Franchise Agreement. This usage is limited to conducting business in compliance with the Franchise Agreement, including all specifications, standards, and operating procedures prescribed by Baymont Inn Suites during the term of the agreement. Any unauthorized use or disclosure of these materials constitutes an infringement of Baymont Inn Suites's rights.
Copyrighted Materials include items such as the System Standards, Manual, videos, training and marketing materials, architectural drawings, building and interior designs, proprietary fabrics, artwork, furnishings, logos, and business and marketing plans. Confidential Information encompasses trade secrets and other information not generally known in the lodging industry, which Baymont Inn Suites imparts to franchisees. Franchisees must take appropriate actions to preserve the confidentiality of this information, limiting access to those who need it for their jobs and ensuring they maintain confidentiality as a condition of employment or through a signed confidentiality agreement.
Baymont Inn Suites will defend and indemnify franchisees against any claims alleging that their proper use of the System, including Copyrighted Materials or Confidential Information, infringes upon a third party's rights. This protection extends to trade secrets, patents, copyrights, trademarks, service marks, or trade names, remaining in effect as long as the Franchise Agreement is valid. Baymont Inn Suites has the option to resolve such claims by obtaining a license for the franchisee, requiring the franchisee to discontinue using the infringing property, or modifying its use to avoid infringement.
This arrangement is typical in franchising, where the franchisor maintains strict control over its intellectual property to ensure brand consistency and protect its competitive advantage. Prospective Baymont Inn Suites franchisees should carefully review the Franchise Agreement to fully understand the scope of permitted use and the obligations regarding confidentiality and intellectual property protection.